What is probate litigation?

Probate litigation is a legal process that occurs when a dispute arises between two or more parties regarding the interpretation or implementation of the terms of a deceased person’s will in the state of California. These disputes can be between the executor of the estate, the heirs, or other parties that have an interest in the estate. These disputes typically arise when one party believes that the executor or another party has not properly followed the deceased’s wishes or failed to properly administer the estate. The probate litigation process typically begins with a complaint being filed in the county probate court, where the estate is being administered. The complaint will describe the dispute and the relief that is being requested from the court. Once the complaint is filed, the court will set a hearing date and the parties involved will be asked to prepare for the hearing. During the hearing, both sides will present evidence and arguments for their case. This can include witnesses, documents, or other evidence. Ultimately, the court will issue a ruling on the dispute. If the court sides with one of the parties, that party may be awarded the relief they requested. In California, probate litigation can become very complex as the court has to take into account state and federal laws that govern how the estate is to be administered. It is important to seek legal counsel when engaging in probate litigation to ensure that all parties involved are aware of their rights and obligations.

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What is probate litigation?

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